RSI Evaluating Online Dispute Resolution

Just Court ADR, January 30th, 2020

Resolution Systems
Institute is pleased to announce that we are partnering with the University of
California, Davis, (UC Davis) and The Pew Charitable Trusts (Pew) to evaluate
certain small claims court online dispute resolution (ODR) programs in Hawaii
and Texas. These programs enable parties involved in small claims matters to negotiate
online and, if needed, receive online mediation services to attempt to resolve
their case. These programs could eliminate the need for some parties to appear
in physical courthouses.

This evaluation
examines the impact of ODR on litigants and courts. For litigants, the focus
will be on access to justice, with an eye toward determining whether certain
groups in society tend to experience the benefits or costs associated with ODR
more than others. To that end, the
study will explore, among other questions, whether ODR reduces the time stress
on parties; affects case outcomes; improves litigants’ use of court procedures
and navigation of court rules; and increases users’ sense of procedural
fairness. The study will also look at the effect ODR has on court efficiency,
such as time from filing to resolution, the number of hearings held and staff
time spent per case.

ODR is
increasingly being adopted by courts in the United States, but there have not
been neutral, empirical studies before this evaluation and other concurrent
evaluations in partnership with Pew. An initial report is expected in mid-2021.

“We are excited
for this opportunity to bring rigorous empirical research to the nascent field
of court ODR,” said Susan M. Yates, RSI Executive Director. “While we are
hopeful that ODR can improve access to justice, we will await the results to
see what we learn.”

Resolution
Systems Institute’s principal investigator for the project is Jennifer Shack,
Director of Research, the go-to evaluator for court ADR in the US. The
principal investigator for the overall project is Dr. Donna Shestowsky of the
UC Davis School of Law; she is a nationally recognized scholar in alternative
dispute resolution.